Journals Higher Education

Prosecuting Domestic Violence

A Philosophical Analysis

Michelle Madden Dempsey

Oxford Monographs on Criminal Law and Justice

  • Sets prosecutorial discretion into a theoretical and philosophical framework, providing an original point of reference for philosophical investigation of prosecution
  • Employs tools of analytic jurisprudence to domestic violence prosecutions, which clarifies terms of the 'victimless' prosecution debates
  • Adopts a feminist approach to evaluating state action that aids understanding of how state action can be feminist, and when it ought to be
  • Provides analysis of concepts of patriarchy and feminism that clarifies what it means to be feminist
  • Examines discretion exercised by executive branch state actors and moves away from the traditional focus of judicial discretion in analytic jurisprudence
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